senate Bill S3718A

Provides that a motor vehicle will be considered to be in motion while stopped at traffic control devices and stop signs for purposes of mobile phones and other portable electronic devices

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Feb / 2013
    • REFERRED TO TRANSPORTATION
  • 30 / Apr / 2013
    • 1ST REPORT CAL.508
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 27 / Mar / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 27 / Mar / 2014
    • PRINT NUMBER 3718A
  • 20 / May / 2014
    • 1ST REPORT CAL.819
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

Provides that a motor vehicle will be considered to be in motion while stopped at traffic control devices, stop signs and certain other situations for purposes of mobile phones and other portable electronic devices violations.

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Bill Details

See Assembly Version of this Bill:
A9156
Versions:
S3718
S3718A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง1225-c & 1225-d, V & T L

Sponsor Memo

BILL NUMBER:S3718A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the use of mobile phones and portable electronic devices
while driving

PURPOSE:

This legislation would provide that a motor vehicle will be considered
to be in motion while stopped at traffic control devices and stop
signs for purposes of mobile phones and other electronic devices.

SUMMARY OF PROVISIONS:

Amends Subdivision 1 of section 1225-c and subdivision 2 of section
1225-d of the vehicle and traffic law to provide that a motor vehicle
will be considered to be in motion while stopped at traffic control
devices, stop signs, railroad crossings or due to heavy traffic for
purposes of mobile phones and other electronic devices.

JUSTIFICATION:

Local law enforcement has raised the issue that under the current
texting while driving and hand held cell phone bans, the definition of
"while such vehicle is in motion" does not adequately cover a driver
who is using their electronic device or cellular phone while at a
traffic control device, stop sign or traffic congestion. This
legislation seeks to fix this problem with the current law by
providing that a motor vehicle will be considered to be in motion
while stopped at traffic control devices, stop signs, railroad
crossings or due to heavy traffic for purposes of enforcing the ban on
mobile phones and other electronic devices while driving.

LEGISLATIVE HISTORY:

Passed Senate, 2013.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3718--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 12, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Transportation  --
  recommitted  to  the  Committee  on  Transportation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the vehicle and traffic law, in relation to the use of
  mobile phones and portable electronic devices while driving

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 1225-c of the vehicle and traffic
law is amended by adding a new paragraph (j) to read as follows:
  (J) "WHILE SUCH VEHICLE IS IN MOTION" SHALL MEAN:
  (I) ANY TIME A MOTOR VEHICLE IS MOVING;
  (II) ANY TIME A MOTOR VEHICLE IS STOPPED  AT  A  TRAFFIC  LIGHT,  STOP
SIGN,  RAILROAD CROSSING OR ANY OTHER TRAFFIC CONTROL DEVICE REQUIRING A
MOTOR VEHICLE TO STOP; OR
  (III) ANY TIME A MOTOR VEHICLE IS STOPPED  BECAUSE  OF  HEAVY  TRAFFIC
CONGESTION OF A TRAFFIC JAM.
  S 2. Subdivision 2 of section 1225-d of the vehicle and traffic law is
amended by adding a new paragraph (e) to read as follows:
  (E) "WHILE SUCH VEHICLE IS IN MOTION" SHALL MEAN:
  (I) ANY TIME A MOTOR VEHICLE IS MOVING;
  (II)  ANY  TIME  A  MOTOR  VEHICLE IS STOPPED AT A TRAFFIC LIGHT, STOP
SIGN, RAILROAD CROSSING OR ANY OTHER TRAFFIC CONTROL DEVICE REQUIRING  A
MOTOR VEHICLE TO STOP; OR
  (III)  ANY  TIME  A  MOTOR VEHICLE IS STOPPED BECAUSE OF HEAVY TRAFFIC
CONGESTION OF A TRAFFIC JAM.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08448-02-4

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